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23YUJ This Division does not restrict operation of this Part
Division 11B—Concurrent operation of State and Territory laws
23YUL Concurrent operation of State and Territory laws
Part IE—Forfeiture of child abuse material
Division 1—Things this Part applies to
23ZA Application
Division 2—Forfeiture by operation of law after notice is given
23ZB Forfeiture of material by operation of law
23ZC Providing copies of innocuous parts of material to be forfeited
Division 3—Forfeiture by court order on application
23ZD Forfeiture of material by court order on application
Division 4—Provisions relating to forfeiture under this Part generally
23ZE Effect of forfeiture under this Part
23ZF Compensation for forfeiture of electronic equipment etc.
23ZG Delegation by head of police force
Part IIA—Protection of public and other services
30J Industrial disturbances, lock‑outs and strikes
30K Obstructing or hindering the performance of services
Part III—Offences relating to the administration of justice
Division 1—Preliminary
31 Judicial proceeding and tribunal definitions
Division 2—Judges and magistrates
34 Judge or magistrate acting oppressively or when interested
Division 3—Evidence and witnesses
35 Giving false testimony
36 Fabricating evidence
36A Intimidation of witnesses etc.
37 Corruption of witnesses
38 Deceiving witnesses
39 Destroying evidence
40 Preventing witnesses from attending Court
Division 4—Perverting the course of justice
41 Conspiracy to bring false accusation
42 Conspiracy to defeat justice
43 Attempting to pervert justice
44 Compounding offences
45 Inserting advertisements without authority of court
Division 5—Escape from criminal detention
45A Criminal detention definitions
46 Aiding prisoner to escape
46A Aiding prisoner to escape—conveying thing into prison etc.
47 Escaping
47A Rescuing a prisoner from criminal detention
47B Person unlawfully at large
47C Permitting escape
48 Harbouring etc. an escapee
48A Sentence ceases to run while escaped prisoner at large
Division 6—Seized property
49 Removing property under seizure
Part IV—Piracy
51 Interpretation
52 Piracy
53 Operating a pirate‑controlled ship or aircraft
54 Seizure of pirate ships and aircraft etc.
55 Written consent of Attorney‑General required
56 Evidence of certain matters
Part VIIA—Offences relating to postal services
85E Interpretation—definitions
85F Interpretation—expressions used in Australian Postal Corporation Act
85G Forgery of postage stamps etc.
85H Special paper for postage stamps
85N Wrongful delivery of postal article etc.
85Q Forgery of postal messages etc.
85R Wrongful delivery of postal messages
85T Sending false postal messages
85U Obstructing carriage of articles by post
85V Interference with property of Australia Post
85W Causing controlled drugs or controlled plants to be carried by post
85Z Articles carried by post to be taken to be Australia Post’s property
85ZA Postage stamps to be valuable securities etc.
Part VIIC—Pardons, quashed convictions and spent convictions
Division 1—Interpretation and application of Part
85ZL Interpretation of Part
85ZM Meaning of conviction and spent conviction
85ZN Meaning of quash
85ZP Application of Part
85ZQ Part binds the Crown
Division 2—Pardons for persons wrongly convicted, and quashed convictions
85ZR Pardons for persons wrongly convicted
85ZS Effect of pardons for persons wrongly convicted
85ZT Quashed convictions
85ZU Effect of quashed convictions
Division 3—Spent convictions
85ZV Spent convictions
85ZW Effect of right of non‑disclosure
Division 4—Convictions of further offences
85ZX Convictions of further Commonwealth or Territory offences
85ZY Convictions of further State or foreign offences
Division 5—Complaints to Information Commissioner
85ZZ Information Commissioner’s functions
85ZZA Complaints to the Information Commissioner
85ZZB Identity of respondent to complaint
85ZZC Investigation of complaints
85ZZD Determinations of Information Commissioner
85ZZE Payment of compensation or expenses
85ZZF Enforcement of determination or recommendation
85ZZG Application of Privacy Act
Division 6—Exclusions
Subdivision A—Exclusions relating to work with children (Divisions 2 and 3)
85ZZGA Object of Subdivision
85ZZGB Exclusion: disclosing information to a person or body
85ZZGC Exclusion: person or body taking information into account
85ZZGD Exclusion: person or body disclosing information
85ZZGE Prescribed persons and bodies
85ZZGF Definitions
85ZZGG Reviews of operation of this Subdivision
Subdivision AA—Exclusions relating to work with persons with disability (Divisions 2 and 3)
85ZZGH Object of Subdivision
85ZZGI Exclusion: disclosing information to a person or body
85ZZGJ Exclusion: person or body taking information into account
85ZZGK Exclusion: person or body disclosing information
85ZZGL Prescribed persons and bodies
85ZZGM Definitions
85ZZGN Reviews of operation of this Subdivision
Subdivision AB—Exclusions relating to work with individuals accessing funded aged care services
85ZZGO Object of Subdivision
85ZZGP Exclusion: disclosing information to a person or body
85ZZGQ Exclusion: person or body taking information into account
85ZZGR Exclusion: person or body disclosing information
85ZZGS Prescribed persons and bodies
85ZZGT Definitions
Subdivision B—Exclusions (Division 3)
85ZZH Exclusions
85ZZJ Further exclusions—law enforcement agencies
Subdivision BA—Exclusions relating to ASIO and ACC (Divisions 2 and 3)
85ZZJA Exclusions—ASIO
85ZZJB Exclusions—ACC
Subdivision BB—Use and disclosure of spent etc. conviction information by ASIO, ACC and other intelligence or security agencies
85ZZJC Use and disclosure of spent etc. conviction information by ASIO, ACC and other intelligence or security agencies
Subdivision C—Other matters
85ZZK Fair reporting: pardons and quashed convictions
85ZZL Criminal proceedings before the Federal Court of Australia
Part VIID—Collecting, using and disclosing personal information that may be relevant for integrity purposes
86B Simplified outline of this Part
86C Target entity may collect sensitive information for integrity purpose
86D Target entity may use personal information for integrity purpose
86E Disclosure of personal information to target entity for integrity purpose
86F This Part does not limit other laws
86G Guidelines on the operation of this Part
Part VIII—Miscellaneous
87 False certificates
89 Trespassing on Commonwealth land
89A Discharging firearms on or over Commonwealth land
90 Trespass by cattle or live stock
90A Destroying etc. posters etc. relating to Commonwealth loans
90B False statements in documents filed etc. under laws of a Territory
91 Regulations
Schedule—Form of explanation under section 23V
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Part ID—Forensic procedures
Simplified outline of operation of Part
This Part provides for forensic procedures to be carried out on:
• suspects in relation to indictable offences (Divisions 3, 4 and 5); and
• offenders in relation to prescribed and serious offences (Division 6A); and
• volunteers (Division 6B).
If the carrying out of a forensic procedure is authorised under this Part, it must be carried out in accordance with rules and procedures set out in Division 6.
If a forensic procedure covered by this Part is carried out without proper authority under this Part, evidence obtained through the procedure may be inadmissible in proceedings against the suspect (Division 7).
However, certain rules are modified or do not apply if the forensic procedure is carried out in response to a request by a foreign country or an international tribunal, or a request by a foreign law enforcement agency (Division 9A).
This Part also:
• contains offences in relation to the Commonwealth DNA database system and the National Criminal Investigation DNA Database (NCIDD) (Division 8A); and
• provides for the whole or a part of the Commonwealth DNA database system to be integrated with the whole or a part of one or more State/Territory DNA database systems to form part of NCIDD (Division 8A); and
• provides for the exchange of information in the Commonwealth DNA database system or a State/Territory DNA database system and the protection of the information that is exchanged (Division 11); and
• provides for the destruction of forensic material (Division 8).
Division 1—Explanation of expressions used
23WA Definitions
(1) In this Part:
Aboriginal legal assistance organisation has the same meaning as in Part IC.
accredited laboratory means:
(a) a forensic laboratory accredited by the National Association of Testing Authorities, Australia; or
(b) a forensic laboratory that is of a kind prescribed by the regulations for the purposes of this paragraph.
adult means a person of or above 18 years of age.
AFP function means a function of the Australian Federal Police set out in section 8 of the Australian Federal Police Act 1979.
appropriately qualified, in relation to carrying out a forensic procedure, means:
(a) having suitable professional qualifications or experience to carry out the forensic procedure; or
(b) qualified under the regulations to carry out the forensic procedure.
authorised applicant for an order for the carrying out of a forensic procedure means:
(a) if the procedure will be carried out on a suspect—the constable in charge of a police station or the investigating constable in relation to a relevant offence; or
(b) if the procedure will be carried out on an offender—the constable in charge of a police station, the investigating constable in relation to a relevant offence or the Director of Public Prosecutions.
authorising provision, in relation to a request by a foreign country or international tribunal, means whichever of the following provisions that refers to the request:
(a) section 28B of the Mutual Assistance in Criminal Matters Act 1987;
(b) section 76A of the International Criminal Court Act 2002;
(c) section 32B of the International War Crimes Tribunals Act 1995.
child means a person who is at least 10 years of age but under 18 years of age.
Commissioner means the Commissioner of the Australian Federal Police and includes a constable or AFP appointee (within the meaning of the Australian Federal Police Act 1979) to whom the Commissioner has delegated the functions and powers conferred or imposed on the Commissioner under this Act.
Note: See section 23YQ for the Commissioner’s power to delegate.
Commonwealth DNA database system is defined in section 23YDAC.
corresponding law is defined in section 23YUA.
crime within the jurisdiction of the ICC has the same meaning as in the International Criminal Court Act 2002.
destroy is defined in subsection (5).
exercise a function includes perform a duty.
foreign law enforcement agency means:
(a) a police force (however described) of a foreign country; or
(b) any other authority or person responsible for the enforcement of the laws of the foreign country; or
(c) any other authority or person responsible to the ICC for investigating or prosecuting a crime within the jurisdiction of the ICC; or
(d) any other authority or person responsible to a War Crimes Tribunal for investigating or prosecuting a War Crimes Tribunal offence.
foreign serious offence means:
(a) a foreign serious offence (within the meaning of the Mutual Assistance in Criminal Matters Act 1987); or
(b) a crime within the jurisdiction of the ICC; or
(c) a War Crimes Tribunal offence.
forensic evidence means one or more of the following:
(a) evidence of forensic material, or evidence consisting of forensic material, taken from a suspect or a volunteer by a forensic procedure;
(b) evidence of any results of the analysis of the forensic material;
(c) any other evidence obtained as a result of or in connection with the carrying out of the forensic procedure.
forensic material means:
(a) samples; or
(b) hand prints, finger prints, foot prints or toe prints; or
(c) photographs or video recordings; or
(d) casts or impressions;
taken from or of a person’s body by a forensic procedure.
forensic procedure means:
(a) an intimate forensic procedure; or
(b) a non‑intimate forensic procedure;
but does not include any intrusion into a person’s body cavities except the mouth or the taking of any sample for the sole purpose of establishing the identity of the person from whom the sample is taken.
function includes a power, authority or duty.
ICC has the same meaning as in the International Criminal Court Act 2002.
incapable person means an adult who:
(a) is incapable of understanding the general nature and effect of, and purposes of carrying out, a forensic procedure; or
(b) is incapable of indicating whether he or she consents or does not consent to a forensic procedure being carried out.
in custody is explained in subsection (2).
indictable offence means:
(a) an indictable offence against a law of the Commonwealth; or
(b) a State offence that has a federal aspect and that is an indictable offence against the law of that State.
inform is explained in subsection (4).
informed consent is explained in sections 23WF, 23WG, 23XWG and 23XWR.
international tribunal means:
(a) the ICC; or
(b) a War Crimes Tribunal.
interview friend is explained in section 23WB.
intimate forensic procedure means the following forensic procedures:
(a) an external examination of the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;
(b) the taking of a sample of blood (other than by a finger prick);
(d) the taking of a sample of pubic hair;
(e) the taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;
(f) the taking of a sample by vacuum suction, by scraping or by lifting by tape from the external genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;
(g) the taking of a dental impression;
(h) the taking of a photograph or video recording of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts.
investigating constable means:
(a) in the case of a request by a foreign country, an international tribunal or a foreign law enforcement agency—the constable in charge of coordinating the response to the request; and
(b) in any other case—the constable in charge of the investigation of the commission of an offence in relation to which a forensic procedure is carried out or proposed to be carried out.
judge means a State or Territory judge.
legal representative of a suspect means a legal practitioner acting for the suspect.
member of the opposite sex of a person is defined in subsection (7).
member of the same sex as a person is defined in subsection (7).
National Criminal Investigation DNA Database or NCIDD is defined in section 23YDAC.
non‑intimate forensic procedure means the following forensic procedures:
(a) an examination of a part of the body other than the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts, that requires touching of the body or removal of clothing;
(aa) the taking of a sample of blood by a finger prick;
(ab) the taking of a sample of saliva, or a sample by buccal swab;
(b) the taking of a sample of hair other than pubic hair;